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CITY OF SHERIDAN v. UNITED STATES

Civ. No. 5316.

303 F.Supp. 990 (1969)

CITY OF SHERIDAN, City of Clearmont, United Transportation Union, Sheridan Chamber of Commerce, Citizen's Voting League for Retention of Passenger Train Service of Alliance, Nebraska, and Railway Labor Executives' Association, Plaintiffs, Nebraska State Railway Commission, Edison Real Bird, Edmund Little Light, Joseph Ten Bear, Leo Plainfeather, Harvey Driftwood and Eloise Pease, Intervenor-Plaintiffs, v. UNITED STATES of America and Chicago, Burlington and Quincy Railroad Company, Defendants, Interstate Commerce Commission, Intervenor-Defendant.

United States District Court D. Wyoming.

August 13, 1969.

Attorney(s) appearing for the Case

Henry A. Burgess, Sheridan, Wyo., Robert R. Wellington, Crawford, Neb., C. C. Sheldon, Asst. Atty. Gen., Lincoln, Neb., William G. Mahoney, and Gordon P. MacDougall, Washington, D. C., for plaintiffs.

Clarence A. H. Meyer, Atty. Gen. for the State of Nebraska, and C. C. Sheldon, Asst. Atty. Gen. for Nebraska State Railway Commission, for intervenor-plaintiff.

Harold G. Stanton, Hardin, Mont., for the Crow Indians, intervenor-plaintiffs.

Richard W. McLaren, Asst. Atty. Gen., John H. D. Wigger, Dept. of Justice, and Robert N. Chaffin, U. S. Atty., for the United States.

R. T. Cubbage, R. M. Gleason, and Eldon Martin, Chicago, Ill., Paul B. Godfrey, Cheyenne, Wyo., W. L. Peck, J. C. Street, Denver, Colo., for Chicago, Burlington and Quincy R. Co.

Robert W. Ginnane and Barry Roberts, Washington, D. C., for the I. C. C.

Before HICKEY, Circuit Judge, and KERR and CHILSON, District Judges.

MEMORANDUM OPINION

PER CURIAM.

This is an action commenced by the plaintiffs pursuant to 28 U.S.C. §§ 2321-2325 seeking to enjoin, suspend, set aside and annul the decision and order of the Interstate Commerce Commission dated January 3, 1969, permitting the Chicago, Burlington and Quincy Railroad Company, hereinafter referred to as CB&Q, to discontinue trains Nos. 42 and 43 operating between Omaha, Nebraska, and Billings, Montana. On April...

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